Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3553

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3645)

VERTICRAFT NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 OCTOBER 2024

Application for approval of the Verticraft NSW Pty Ltd / CFMEU Collective Agreement 2024-2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Verticraft NSW Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the notice of employee representational rights (NERR) that was given to employees was not in the prescribed form, nor was the NERR provided to employees within 14 days of notification time. However, I am satisfied that these constitute minor procedural or technical errors for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 10 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union applied to the Fair Work Commission for approval of a collective agreement with Verticraft NSW Pty Ltd, effective from 2024 to 2027. The agreement addressed various terms and conditions of employment for workers within the specified period. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the requirements for approval as set out in the Act, including provisions related to the protection of employee rights and interests, and whether it contained any provisions that were contrary to public policy or had adverse effects on the broader industrial relations system. The Commission also needed to consider if the agreement provided for fair and reasonable terms and conditions of employment for the workers involved.

In reaching its decision, the Commission examined the terms of the agreement and the submissions made by both parties. The Commission found that the agreement was fair and reasonable, did not contain any provisions contrary to public policy, and provided adequate protection for employee rights and interests. The Commission was satisfied that the agreement met all the necessary legal standards for approval. Consequently, the Commission approved the collective agreement.

The Fair Work Commission approved the Verticraft NSW Pty Ltd / CFMEU Collective Agreement 2024-2027, effective from 1 July 2024, subject to the terms and conditions set out in the agreement.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established